South Australian Numbered Acts

LEGAL PRACTITIONERS (MISCELLANEOUS) AMENDMENT ACT 2013 (NO 44 OF 2013) - SECT 50

50—Amendment of section 85—Costs

        (1)         Section 85—after subsection (1) insert:

        (1a)         If—

            (a)         the Commissioner has laid a charge under section 82 alleging unsatisfactory professional conduct or professional misconduct on the part of a legal practitioner or former legal practitioner who has refused to consent to the exercise of a power by the Commissioner under section 77J in relation to the alleged unsatisfactory professional conduct or professional misconduct; and

            (b)         the Tribunal finds the legal practitioner or former legal practitioner guilty of unsatisfactory professional conduct or professional misconduct; and

            (c)         the Tribunal considers that the refusal of the legal practitioner or former legal practitioner to consent to the exercise of the power by the Commissioner was unreasonable,

the Tribunal may order the legal practitioner or former legal practitioner to reimburse the Commissioner for costs incurred by the Commissioner in the conduct of the proceedings except to the extent that the legal practitioner or former legal practitioner shows them to have been unreasonably incurred.

        (2)         Section 85(2)—delete "taxed" and substitute:

adjudicated